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Paper Information

Journal:   FAMILY LAW AND JURISPRUDENCE (NEDAYE SADIQ)   FALL 2015-WINTER 2016 , Volume 20 , Number 63; Page(s) 5 To 22.
 
Paper: 

THE RIGHT TO CANCEL A TRANSACTION BY THE HEIRS IN THE FAMILY SYSTEM

 
 
Author(s):  IZADI NARGES*
 
* P.B.U.H., IMAM SADIQ UNIVERSITY, WOMEN’S UNIVERSITY
 
Abstract: 

Within the framework of the system of family law, one of the issues which is worthy of thoughtful consideration, is the right to cancel a transaction related to an inheritance by the members of a family. The Civil Law (on this issue) has relied on the assertion of Article 445 in which, the overall ruling of the transfer of this right from the bequeathed to the inheritance has been proposed; therefore considering the legal deficency in the ramifications of the above mentioned law, these questions arise that if the members of a family are numerous and they have no unanimity to execute their right how should they deal the problem wheather the attention should be paid to one of the opposition member or to aggregated one. Does a correlativity in the application of an option and the possibility of using it, exist or not? According to Article 167 of the constitution, in these types of cases adherence to reliable jurisprudential opinions must be sought; but due to the discrepancy of opinion among jurists on these issues this paper by relying on the principle and jurisprudential-legal rules and authentic sources, tries to offer a ruling that is in compatible with general ruling and consistent with absolute reasoning.

 
Keyword(s): FAMILY, TRANSCEND, OPTION, HERITAGE, ESTATE
 
References: 
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